Senate File 2362 - Introduced SENATE FILE 2362 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SSB 3104) A BILL FOR An Act relating to entities supported in whole or in part 1 by public moneys, including the sale of public bonds, 2 the duties and responsibilities of school boards, school 3 districts, the department of education, accredited nonpublic 4 schools, charter schools, and children’s residential 5 facilities, and the membership and voting units of county 6 and city conference boards. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 5675SV (3) 89 jda/jh

S.F. 2362 DIVISION I 1 BOND SALES 2 Section 1. Section 75.2, Code 2022, is amended to read as 3 follows: 4 75.2 Notice of sale. 5 When public bonds are offered for sale, the official in 6 charge of the bond issue shall , by advertisement published 7 at least once, the last one of which shall be not less than 8 four nor more than twenty days before the sale in a newspaper 9 located in the county or a county contiguous to the place of 10 sale, give notice of the time and place of sale of the bonds , 11 the amount to be offered for sale, and any further information 12 which the official deems pertinent by publishing the time and 13 place of sale of the bonds, the amount to be offered for sale, 14 and any additional information the official deems pertinent 15 to the bond issue not less than four nor more than twenty 16 days before the sale in at least one electronic or written 17 publication with nationwide circulation that is recognized for 18 providing information regarding the sale of public bonds . 19 Sec. 2. Section 75.14, Code 2022, is amended to read as 20 follows: 21 75.14 Electronic bidding. 22 Notwithstanding contrary provisions of this chapter , 23 including section 75.3, a public body authorized to issue 24 bonds, notes, or other obligations may elect to receive bids to 25 purchase such bonds, notes, or other obligations by means of 26 electronic, internet , or wireless communication; a proprietary 27 bidding procedure or system; or by facsimile transmission 28 to a location deemed appropriate by the governing body, in 29 each instance as may be approved by the governing body and 30 provided for in the notice of sale. An electronic bid shall 31 be submitted in substantial conformity with the requirements 32 of chapter 554D and any rules adopted pursuant to that chapter 33 with respect to the acceptance of electronic records by a 34 governmental agency. Additionally, before approving the use 35 -1- LSB 5675SV (3) 89 jda/jh 1/ 12

S.F. 2362 of an electronic bidding procedure, the public body shall find 1 and determine that the specific procedure to be used will 2 provide reasonable security and maintain the integrity of 3 the competitive bidding process, and facilitate the delivery 4 of bids by interested parties under the circumstances of the 5 particular sale. 6 DIVISION II 7 SCHOOL BOARD DUTIES AND RESPONSIBILITIES 8 Sec. 3. Section 279.6, subsection 1, paragraph a, Code 2022, 9 is amended to read as follows: 10 a. Except as provided in paragraph “b” and subsection 2 , 11 vacancies occurring among the officers or members of a school 12 board shall be filled by the board by appointment. A person 13 so appointed to fill a vacancy in an elective office shall 14 hold office until a successor is elected and qualified at the 15 next regular school election, unless there is an intervening 16 special election for the school district, in which event a 17 successor shall be elected at the intervening special election, 18 in accordance with section 69.12 . To fill a vacancy occurring 19 among the members of a school board, the board shall publish 20 notice either on the board’s internet site or in the manner 21 prescribed by section 279.36 , stating that the board intends to 22 fill the vacancy by appointment but that the electors of the 23 school district have the right to file a petition requiring 24 that the vacancy be filled by a special election conducted 25 pursuant to section 279.7 . The board may publish notice in 26 advance if a member of the board submits a resignation to take 27 effect at a future date. The board may make an appointment to 28 fill the vacancy after the notice is published or after the 29 vacancy occurs, whichever is later. 30 Sec. 4. Section 279.6, subsection 1, paragraph b, 31 subparagraphs (1) and (2), Code 2022, are amended to read as 32 follows: 33 (1) If within fourteen days after publication of a providing 34 notice required pursuant to paragraph “a” for a vacancy that 35 -2- LSB 5675SV (3) 89 jda/jh 2/ 12

S.F. 2362 occurs more than one hundred eighty days before the next 1 regular school election, or after the filing period closes 2 pursuant to section 277.4, subsection 1 , for the next regular 3 school election, there is filed with the secretary of the 4 school board a petition requesting a special election to fill 5 the vacancy, an appointment to fill the vacancy is temporary 6 until a successor is elected and qualified, and the board shall 7 call a special election pursuant to section 279.7 , to fill the 8 vacancy for the remaining balance of the unexpired term. 9 (2) If within fourteen days after publication of a providing 10 notice required pursuant to paragraph “a” for a vacancy that 11 occurs one hundred eighty days or less but more than forty days 12 before the next regular school election there is filed with the 13 secretary of the school board a petition requesting to fill 14 the vacancy by election, an appointment to fill the vacancy is 15 temporary until a successor is elected and qualified, and the 16 school board shall require that the remaining balance of the 17 unexpired term be filled at the next regular school election. 18 Sec. 5. Section 279.20, subsection 2, Code 2022, is amended 19 to read as follows: 20 2. The board of directors of a school district may delegate 21 the authority to hire support personnel and sign the support 22 personnel employment contracts, if applicable, if the board 23 adopts a policy authorizing the superintendent to perform 24 such duties and specifying the positions the superintendent 25 is authorized to fill. The board of directors of a school 26 district and the superintendent, if authorized pursuant to 27 this subsection, may use electronic signatures and electronic 28 contracts pursuant to chapter 554D and facsimile signatures 29 when entering into the contracts described in this subsection. 30 For purposes of this subsection , the term “support personnel” 31 includes , but is not limited to , bus drivers, custodians, 32 educational associates, and clerical and food service 33 employees. 34 Sec. 6. Section 280.5, subsection 2, Code 2022, is amended 35 -3- LSB 5675SV (3) 89 jda/jh 3/ 12

S.F. 2362 to read as follows: 1 2. The board of directors of each Each public school 2 district shall administer the pledge of allegiance in grades 3 one through twelve each school day. Each classroom in which 4 the pledge of allegiance is recited pursuant to this subsection 5 shall display the United States flag during the recitation. A 6 student shall not be compelled against the student’s objections 7 or those of the student’s parent or guardian to recite the 8 pledge. 9 Sec. 7. Section 291.1, Code 2022, is amended to read as 10 follows: 11 291.1 President —— duties. 12 The president of the board of directors shall preside at 13 all of its meetings, sign all contracts made by the board, and 14 appear on behalf of the corporation in all actions brought by 15 or against it, unless individually a party, in which case this 16 duty shall be performed by the secretary. The president or the 17 president’s designee shall have the authority to enter into 18 original contracts or electronic contracts pursuant to chapter 19 554D and sign, using an original , or facsimile , or electronic 20 signature , as defined in section 554D.103 , all school district 21 payments drawn and authorize electronic funds transfers as 22 provided by law. The board of directors, by resolution, may 23 designate an individual, who shall not be the secretary, to 24 sign payments or authorize electronic funds transfers on behalf 25 of the president pursuant to this section . 26 DIVISION III 27 DEPARTMENT OF EDUCATION WORK GROUP 28 Sec. 8. DEPARTMENT OF EDUCATION —— HEALTH CARE-RELATED 29 TRAINING FOR SCHOOL PERSONNEL WORK GROUP. 30 1. The department of education shall convene and provide 31 administrative support to a health care-related training 32 for school personnel work group. The work group shall 33 review and develop a plan to ensure Iowa educators have the 34 health care training necessary to perform their duties and 35 -4- LSB 5675SV (3) 89 jda/jh 4/ 12

S.F. 2362 responsibilities, and shall consider and submit recommendations 1 for delivery and implementation of training required under 2 state law or rule. 3 2. The work group shall include all of the following: 4 a. (1) Two members who are staff members from the 5 department of education, one of whom shall be an administrative 6 consultant in the bureau of nutrition and health services. 7 A member appointed under this subparagraph shall coordinate 8 the work group and act as chairperson for the organizational 9 meeting. 10 (2) One member who is a staff member from the Iowa 11 department of public health. 12 b. Members who shall represent each of the following: 13 (1) One member from a statewide organization representing 14 teachers. 15 (2) One member from a statewide organization representing 16 school board members. 17 (3) One member from a statewide organization representing 18 school administrators. 19 (4) One member from a statewide organization representing 20 authorities in charge of accredited nonpublic schools. 21 (5) One member representing the area education agencies. 22 (6) One member from a statewide organization representing 23 physicians. 24 (7) One member from a statewide organization representing 25 athletic trainers. 26 (8) One member from a statewide organization representing 27 emergency management services. 28 (9) One member from a statewide organization representing 29 health care organizations. 30 (10) One member from a statewide organization representing 31 school nurses. 32 3. Any expenses incurred by a member of the work group 33 shall be the responsibility of the individual member or the 34 respective entity represented by the member. 35 -5- LSB 5675SV (3) 89 jda/jh 5/ 12

S.F. 2362 4. The director of the department of education or the 1 director’s designee shall compile and provide to the work group 2 a list of, and the purposes for, the health care training 3 programs that school personnel are required to complete, as 4 well as any requirements school personnel must meet following 5 such training, in order be in compliance with state law or 6 administrative rule. 7 5. The work group shall do all of the following: 8 a. Identify which trainings can be best provided online, 9 and how such training can be rotated on a five-year basis for 10 school personnel. 11 b. Develop a plan for a regular cycle of health care-related 12 training for school personnel review, with the goal of removing 13 or modifying training or training programs that are no longer 14 relevant, and identifying less costly and more efficient 15 options that still provide the appropriate level of training to 16 school personnel. 17 c. Standardize the process of establishing new training 18 requirements in state law or rule to manage stakeholder 19 expectations relating to the timeline for establishing the 20 requirements. 21 d. Create an ongoing review process to find efficiencies, 22 identify training options that better utilize time and 23 financial resources, and offer a continuous improvement model 24 for the system moving forward. 25 e. Study and make any recommended changes on rules adopted 26 by the state board of education under 281 IAC ch. 14, relating 27 to individual health plans prepared for students with various 28 health conditions. 29 f. Ensure a public comment process for patient advocacy 30 groups and parents to provide input on the recommendations of 31 the work group. 32 6. If the work group recommends elimination or significant 33 modification of certain health care-related training for 34 school personnel, the department of education shall identify 35 -6- LSB 5675SV (3) 89 jda/jh 6/ 12

S.F. 2362 stakeholders who would potentially be affected by such 1 change, and shall invite representatives from organizations 2 representing such stakeholders to submit comments before or 3 at an upcoming work group meeting before the work group makes 4 final recommendations. 5 7. The department of education shall compile the work 6 group’s findings and recommendations and shall submit the 7 compilation, including any proposal for legislation, in a 8 report to the general assembly, the governor, and the state 9 board of education by December 1, 2022. 10 DIVISION IV 11 STATEWIDE SCHOOL INFRASTRUCTURE FUNDING 12 Sec. 9. Section 423F.4, subsection 2, paragraph a, Code 13 2022, is amended to read as follows: 14 a. Bonds issued on or after July 1, 2019, shall not be sold 15 at public sale as provided in chapter 75 , or at a private sale, 16 without notice and hearing. Notice of the time and place of 17 the public hearing shall be published not less than ten nor 18 more than twenty days before the public hearing in a newspaper 19 which is a newspaper of general circulation in the school 20 district. This paragraph does not apply to the refinancing of 21 bonds. 22 DIVISION V 23 COUNTY CONFERENCE BOARD 24 Sec. 10. Section 441.2, Code 2022, is amended to read as 25 follows: 26 441.2 Conference board. 27 In each county and each city having an assessor there shall 28 be established a conference board. In counties the conference 29 board shall consist of the mayors or a designated member of a 30 city council of all incorporated cities in the county whose 31 property is assessed by the county assessor, one representative 32 from the board of directors of each high school district of 33 the county, who is a resident of the county, said board of 34 directors appointing said representative for a one-year term 35 -7- LSB 5675SV (3) 89 jda/jh 7/ 12

S.F. 2362 and notifying the clerk of the conference board as to their 1 representative, and members of the board of supervisors. In 2 cities having an assessor the conference board shall consist 3 of the members of the city council, school board the board 4 of directors of each high school district in the city, and 5 county board of supervisors. In the counties the chairperson 6 of the board of supervisors shall act as chairperson of the 7 conference board, in cities having an assessor the mayor of the 8 city council shall act as chairperson of the conference board. 9 In any action taken by the conference board, the mayors of all 10 incorporated cities in the county whose property is assessed 11 by the county assessor shall constitute one voting unit, the 12 members of the city board of education board of directors of 13 each high school district in the city or one representative 14 from the board of directors of each high school district of the 15 county shall constitute one voting unit, the members of the 16 city council shall constitute one voting unit, and the county 17 board of supervisors shall constitute one voting unit, each 18 unit having a single vote and no action shall be valid except 19 by the vote of not less than two out of the three units. In 20 any action taken by the conference board, if a city or a county 21 contains only one high school district, the members of or the 22 representative of the board of directors of the high school 23 district, as applicable, shall constitute one voting unit. 24 The majority vote of the members present of each unit shall 25 determine the vote of the unit. The assessor shall be clerk of 26 the conference board. 27 DIVISION VI 28 SEIZURE TRAINING REQUIREMENTS 29 Sec. 11. Section 256E.7, subsection 2, Code 2022, is amended 30 by adding the following new paragraph: 31 NEW PARAGRAPH . 0i. Be subject to and comply with the 32 seizure training requirements of section 279.76 in the same 33 manner as school districts. 34 Sec. 12. NEW SECTION . 279.76 Seizure training requirements. 35 -8- LSB 5675SV (3) 89 jda/jh 8/ 12

S.F. 2362 Commencing with the school year beginning July 1, 2023, 1 the board of directors of each school district shall have 2 at least one school employee at each school who has met the 3 training requirements necessary to administer or assist with 4 the self-administration of all of the following: 5 1. A seizure rescue medication or medication prescribed 6 to treat seizure disorder symptoms as approved by the United 7 States food and drug administration. 8 2. A manual dose of prescribed electrical stimulation using 9 a vagus nerve stimulator magnet as approved by the United 10 States food and drug administration. 11 DIVISION VII 12 CHILDREN’S RESIDENTIAL FACILITIES 13 Sec. 13. Section 282.34, Code 2022, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 6. For children requiring admission to 16 a residential treatment facility, the residential treatment 17 facility shall complete and provide to the district of 18 residence the documentation necessary to seek Medicaid 19 reimbursement for eligible services. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to entities supported in whole or in part 24 by public moneys, including the sale of public bonds, the 25 duties and responsibilities of school boards, school districts, 26 the department of education, accredited nonpublic schools, 27 charter schools, and children’s residential facilities, and 28 the membership and voting units of county and city conference 29 boards. 30 DIVISION I —— BOND SALES. Current law provides that when 31 public bonds are offered for sale, the official in charge 32 of the bond issue shall give notice of the time and place 33 of sale, the amount to be offered for sale, and any further 34 information which the official deems pertinent by publishing 35 -9- LSB 5675SV (3) 89 jda/jh 9/ 12

S.F. 2362 an advertisement in a newspaper. The bill modifies this 1 provision to require the official in charge of the bond issue 2 to give notice of the sale by publishing the time and place of 3 sale, the amount to be offered for sale, and any additional 4 information the official deems pertinent to the bond issue in 5 at least one electronic or written publication with nationwide 6 circulation that is recognized for providing information 7 regarding the sale of public bonds. 8 Code section 75.14 provides that, notwithstanding contrary 9 provisions of Code chapter 75 (authorization and sale of public 10 bonds), a public body authorized to issue bonds or other 11 obligations may elect to receive bids to purchase such bonds 12 or other obligations by means of electronic communication, a 13 proprietary bidding procedure, or by facsimile transmission to 14 a location deemed appropriate by the governing body. The bill 15 adds a reference to Code section 75.3 (sealed and open bids) to 16 the notwithstanding provision. 17 DIVISION II —— SCHOOL BOARD DUTIES AND RESPONSIBILITIES. 18 Code section 279.6 provides a process to fill vacancies 19 occurring among the members of a school board. This process 20 requires, among other things, the publication in a newspaper 21 of notice stating that the board intends to fill the vacancy 22 by appointment. The bill authorizes notice to be provided by 23 publication on the board’s internet site as well. 24 The bill authorizes the board of directors of a school 25 district and the superintendent, in certain specified 26 circumstances, to use electronic signatures and electronic 27 contracts pursuant to Code chapter 554D (electronic 28 transactions) and facsimile signatures when entering into 29 contracts to hire support personnel. 30 Current law requires the board of directors of each public 31 school district to administer the pledge of allegiance in 32 grades 1 through 12 each school day. The bill modifies this 33 provision to require each public school district to administer 34 the pledge of allegiance in grades 1 through 12 each school 35 -10- LSB 5675SV (3) 89 jda/jh 10/ 12

S.F. 2362 day. 1 The bill authorizes the president of the board of directors 2 of a school district, or the president’s designee, to enter 3 into original contracts or electronic contracts pursuant to 4 Code chapter 554D and sign, using an original, facsimile, or 5 electronic signature, all school district payments drawn and 6 authorize electronic funds transfers as provided by law. 7 DIVISION III —— DEPARTMENT OF EDUCATION WORK GROUP. The bill 8 requires the department of education to convene and provide 9 administrative support to a health care-related training for 10 school personnel group. The bill requires the group to review 11 and develop a plan to ensure that Iowa educators have the 12 health care training necessary to perform their duties and 13 to submit recommendations for delivery and implementation of 14 training required under state law or rule. The bill specifies 15 the members the group shall include. The bill requires the 16 group to submit its findings and recommendations in a report 17 to the general assembly, the governor, and the state board of 18 education by December 1, 2022. 19 DIVISION IV —— STATEWIDE SCHOOL INFRASTRUCTURE FUNDING. 20 Current law provides that bonds issued under Code chapter 423F 21 (statewide school infrastructure funding) on or after July 1, 22 2019, shall not be sold at a public or private sale without 23 notice and hearing. Current law also provides that notice of 24 the sale shall be published in a newspaper. The bill provides 25 that these provisions do not apply to the refinancing of bonds. 26 DIVISION V —— COUNTY CONFERENCE BOARD. Current law provides 27 that each county and each city having an assessor shall have a 28 conference board. Current law also provides that in counties, 29 the conference board shall consist of the mayors of all 30 incorporated cities in the county whose property is assessed 31 by the county assessor, one representative from the board of 32 directors of each high school district of the county, who is 33 a resident of the county, said board of directors appointing 34 said representative for a one-year term and notifying the 35 -11- LSB 5675SV (3) 89 jda/jh 11/ 12

S.F. 2362 clerk of the conference board as to their representative, and 1 members of the board of supervisors. The bill modifies this 2 provision to require that the conference board consist of the 3 mayors or a designated member of a city council, along with 4 the representatives already provided. The bill also strikes 5 the requirement that the board of directors of a high school 6 district appoint a representative for a one-year term and 7 notify the clerk of the conference board as to the identity 8 of the representative. Current law provides that, in cities 9 having an assessor, the conference board shall consist of the 10 members of the city council, school board, and county board of 11 supervisors. The bill replaces this reference to school board 12 with the board of directors of each high school district in the 13 city. The bill establishes that, in any action taken by the 14 conference board, the board of directors of each high school 15 district in the city or one representative from the board of 16 directors of each high school district of the county shall 17 constitute one voting unit. The bill also establishes that, in 18 any action taken by the conference board, if a city or a county 19 contains only one high school district, the members of or the 20 representative of the board of directors of the high school 21 district, as applicable, shall constitute one voting unit. 22 DIVISION VI —— SEIZURE TRAINING REQUIREMENTS. Commencing 23 with the school year beginning July 1, 2023, the bill 24 requires school districts and charter schools to have at 25 least one school employee at each school who has met the 26 training requirements necessary to administer or assist with 27 the self-administration of seizure rescue medications and 28 electrical stimulation using vagus nerve stimulator magnets. 29 DIVISION VII —— CHILDREN’S RESIDENTIAL FACILITIES. The bill 30 provides that for children requiring admission to a residential 31 treatment facility, the residential treatment facility shall 32 complete and provide to the school district of residence the 33 documentation necessary to seek Medicaid reimbursement for 34 eligible services. 35 -12- LSB 5675SV (3) 89 jda/jh 12/ 12